Or. Admin. Code § 603-111-0040 - Enforcement Proceedings; Civil Penalties
Enforcement Proceedings; Civil Penalties
(1) Each violation of any provision of ORS
646.932 or rules implementing
that provision is a separate and distinct violation, and, in cases of
continuing violations, each day's continuance is a separate and distinct
violation. Notwithstanding, the ODA may consolidate proceedings involving
multiple violations against the same person or entity into a single
proceeding.
(2) Hearings shall be
conducted as contested case hearings pursuant to the applicable provisions of
ORS 183.413 to
183.471 and OAR 137-003-0501 to
137-003-0700.
(3) A civil penalty
imposed under ORS 646.932 and these regulations
may be remitted or reduced at the Director's discretion upon such terms and
conditions that are proper and consistent with public safety and
welfare.
(4) Civil penalties shall
be assessed in accordance with ORS
183.745 according to the
following schedule based upon enforcement history;
(A) First violation: Notice of
Non-Compliance.
(B) Second
violation: A Notice of Violation.
(C) Third violation: A monetary civil penalty
of $50.
(D) Subsequent violations:
A monetary civil penalty of $100 per violation.
Notes
Statutory/Other Authority: ORS 646.932
Statutes/Other Implemented: ORS 646.932
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